Part 4

Charles's most famous achievement was the issue of the Golden Bull (q.v.). Although the principle of election had long been admitted and practised with regard to the German crown, yet it was surrounded by many practical difficulties. For instance, if the territory belonging to an electoral family were divided, as was often the case, it had never been settled whether all the ruling princes were to vote, or, if one only were entitled to this privilege, by what principle the choice was to be made. Over these and other similar points many disputes had arisen, and, having been crowned emperor at Rome in April 1355, Charles decided to set these doubts at rest. The Golden Bull, promulgated in January 1356 and again after some tedious negotiations in December of the same year, fixed the number of electors at seven, Saxe-Wittenberg and not Saxe-Lauenburg obtaining the Saxon vote, and the vote of the Wittelsbachs being given to the ruler of the Rhenish Palatinate and not to the duke of Bavaria. The votes of a majority of the electors were held to make an election valid. In order that there might be no possibility of dispute between the princes of a single house, the countries ruled by the four secular electors--Bohemia, the Rhenish Palatinate, Saxony and Brandenburg--were declared to be indivisible and to be heritable only by the accepted rules of primogeniture. The electors were granted full sovereign rights over their lands, and their subjects were allowed to appeal to the royal or the imperial tribunals only in case they could not obtain justice elsewhere. A blow was struck at the cities, which were forbidden to form leagues or to receive _Pfahlburger_.

Fehmic Courts.

If the Golden Bull be excepted, the true interest of this reign is in the movements beyond the range of the emperor's influence. It is significant that at this time the _Femgerichte_, or Fehmic Courts (q.v.), vastly extended the sphere of their activities, and that in the absence of a strong central authority they were respected as a check upon the lawlessness of the princes. The cities, notwithstanding every kind of discouragement, formed new associations for mutual defence or strengthened those which already existed. The Hanseatic League carried on war with Valdemar V., king of Denmark, and his ally, the king of Norway, seventy-seven towns declaring war on these monarchs in 1367, and emerged victorious from the struggle, while its commerce extended to nearly all parts of the known world. In 1376 some Swabian towns formed a league which, in spite of the imperial prohibition, soon became powerful in south-west Germany and defeated the forces of the count of Wurttemberg at Reutlingen in May 1377. The emperor, meanwhile, was occupied in numerous intrigues to strengthen his personal position and to increase the power of his house. In these he was very fortunate, managing far more than his predecessors to avoid conflicts with the Papacy and the princes. The result was that when he died in November 1378 he wore the crowns of the Empire, of Germany, of Bohemia, of Lombardy and of Burgundy; he had added Lower Lusatia and parts of Silesia to Bohemia; he had secured the mark of Brandenburg for his son Wenceslaus in 1373; and he had bought part of the Upper Palatinate and territories in all parts of Germany.

Wenceslaus.

After the death of Charles, his son Wenceslaus, who had been crowned German king in July 1376, was recognized by the princes as their ruler, but the new sovereign was careless and indolent and in a few years he left Germany to look after itself. During his reign the struggle between the princes and the cities reached its climax. Following the example set by the electors at Rense both parties formed associations for protection, prominent among these being the Swabian League on the one side and the League of the Lion (_Lowenbund_)[1] on the other. The result was that the central authority was almost entirely disregarded. Wenceslaus favoured first one of the antagonists and then the other, but although he showed some desire to put an end to the increasing amount of disorder he was unable, or unwilling, to take a strong and definite line of action. The cities entered upon the approaching contest at a considerable disadvantage. Often they were separated one from the other by large stretches of territory under the rule of a hostile prince and their trade was peculiarly liable to attack by an adventurous body of knights. The citizens, who were called upon to fight their battles, were usually unable to contend successfully with men whose whole lives had been passed in warfare; the isolation of the cities was not favourable to the creation or mobilization of an active and homogeneous force; and, moreover, at this time many of them were disturbed by internal troubles. However, they minimized this handicap by joining league to league; in 1381 the Swabian and the Rhenish cities formed an alliance for three years, while the Swabian League obtained promises of help from the Swiss.

General disorder in Germany.

The Swiss opened the fight. Attacked by the Habsburgs they defeated and killed Duke Leopold of Austria at Sempach in July 1386 and gained another victory at Nafels two years later; but their allies, the Swabian cities, were not equally prompt or equally fortunate. The decisive year was 1388, when the strife became general all over south-west Germany. In August 1388 the princes, under Count Eberhard of Wurttemberg, completely defeated their foes at Doffingen, while in the following November Rupert II., elector palatine of the Rhine, was equally successful in his attack on the forces of the Rhenish cities near Worms. Exhaustion soon compelled the combatants to come to terms, and greatly to the disadvantage of the cities peace was made in 1389. The main result of this struggle was everywhere to strengthen the power of the princes and to incite them to fresh acts of aggression. During the same time the Hanse towns were passing through a period of difficulty. They were disturbed by democratic movements in many of the cities and they were threatened by the changing politics of the three northern kingdoms, Norway, Sweden and Denmark, and by their union in 1397; their trading successes had raised up powerful enemies and had embroiled them with England and with Flanders, and the Teutonic Order and neighbouring princes were not slow to take advantage of their other difficulties.

Rupert chosen king.

Towards the close of the century the discontent felt at the incompetent and absent German king took a decided form. The movement was led by the four Rhenish electors, and after some preliminary proceedings these princes met in August 1400; having declared Wenceslaus dethroned they chose one of their number, the elector palatine Rupert III., in his stead, and the deposed monarch accepted the sentence almost without demur. Rupert was an excellent elector, and under more favourable circumstances would have made a good king, but so serious were the jealousies and divisions in the kingdom that he found little scope for his energies outside the Palatinate. In spite of the peace of 1389 the cities had again begun to form leagues for peace; but, having secured a certain amount of recognition in the south and west of Germany, the new king turned aside from the pressing problems of government and in 1401 made a futile attempt to reach Rome, an enterprise which covered him with ridicule. After his return to Germany he had to face the hostility of many of the princes, and this contest, together with vain attempts to restore order, occupied him until his death in May 1410.

Sigismund is chosen king.

After Rupert's death two cousins, Jobst, margrave of Moravia, and Sigismund, king of Hungary, were in the autumn of 1410 both chosen to fill the vacant throne by opposing parties; and the position was further complicated by the fact that the deposed king, Wenceslaus, was still alive. Jobst, however, died in January 1411, and in the succeeding July Sigismund, having come to terms with Wenceslaus, was again elected king and was generally recognized. The commanding questions of this reign were ecclesiastical. It was the age of the great schism, three popes claiming the allegiance of Christendom, and of the councils of Constance and of Basel; in all ranks of the Church there was an urgent cry for reform. Unfortunately the council of Constance, which met mainly through the efforts of Sigismund in 1414, marred its labours by the judicial murders of John Huss and of Jerome of Prague. This act greatly incensed the Bohemians, who broke into revolt in 1419, and a new and fiercer outburst occurred in 1420 when Sigismund, who had succeeded his brother Wenceslaus as king of Bohemia in the preceding August, announced his intention of crushing the Hussites. Led by their famous general, John Zizka, the Bohemians won several battles and spread havoc and terror through the neighbouring German lands. During the progress of this revolt Germany was so divided and her king was so poor that it was impossible to collect an army of sufficient strength to crush the malcontents. At the diet of Nuremberg in 1422 and at that of Frankfort in 1427 Sigismund endeavoured to raise men and money by means of contributions from the estates, but the plan failed owing to mutual jealousies and especially to the resistance of the cities. He secured some help from Frederick of Brandenburg, from Albert of Austria, afterwards the German king Albert II., and from Frederick of Meissen, to whom he granted the electoral duchy of Saxe-Wittenberg; but it was only when the Hussites were split into two factions, and when Zizka was dead, that Germany was in any way relieved from a crushing and intolerable burden.

Brandenburg and the Hohenzollerns.

The continual poverty which hindered the successful prosecution of the war against the Hussites, and which at times placed Sigismund in the undignified position of having to force himself as an unwelcome guest upon princes and cities, had, however, one good result. In 1415 he granted, or rather sold, the mark of Brandenburg to his friend Frederick of Hohenzollern, burgrave of Nuremberg, this land thus passing into the hands of the family under whom it was destined to develop into the kingdom of Prussia. During this reign the princes, especially the electors, continued their endeavours to gain a greater share in the government of Germany, and to some extent they succeeded. Sigismund, on his part, tried to enforce peace upon the country by forming leagues of the cities, but to no purpose; in fact all his plans for reform came to nothing.

Albert II.

Sigismund, who died in December 1437, was succeeded on the German throne and also in Hungary and Bohemia by his son-in-law Albert of Austria, and from this time, although remaining in theory elective, the German crown was always conferred upon a member of the house of Habsburg until the extinction of the male line of this family in 1740. The reign of Albert II. was too short to enable him to do more than indicate his good intentions; he acted in general with the electors in observing a neutral attitude with regard to the dispute between the council of Basel and Pope Eugenius IV., and he put forward a scheme to improve the administration of justice. He died in October 1439, and was succeeded by his kinsman Frederick, duke of Styria, who became German king as Frederick IV. and, after his coronation at Rome in 1452, emperor as Frederick III.

Frederick III. and the Papacy.

The first concern of the new king was with the papal schism. The council of Basel was still sitting, and had elected an anti-pope, Felix V., in opposition to Eugenius IV., while the electors, adhering to their neutral attitude, sought to bring Frederick into line with them on this question. Some years were occupied in negotiations, but the king soon showed himself anxious to come to terms with Eugenius, and about 1446 the electors ceased to act together. At length peace was made. The consent of several of the electors having been purchased by concessions, Frederick signed with Pope Nicholas V., the successor of Eugenius, in February 1448 the concordat of Vienna, an arrangement which bound the German Church afresh to Rome and perpetuated the very evils from which earnest churchmen had been seeking deliverance. Thus Germany lost the opportunity of reforming the Church from within, and the upheaval of the 16th century was rendered inevitable.

Germany under Frederick.

Frederick's reign is one of great importance in the history of Austria and of the house of Habsburg, but under him the fortunes of Germany sank to the lowest possible point. Without any interference from the central authority wars were waged in every part of the country, and disputes of every kind were referred to the decision of the sword. The old enmity between the cities and the princes blazed out afresh; grievances of every kind were brought forward and many struggles were the result. Perhaps the most famous of these was one between a confederation of Franconian and Swabian cities under the leadership of Nuremberg on the one side, and Albert Achilles, afterwards elector of Brandenburg, and a number of princes on the other. The war was carried on with great barbarity for about four years (1449-1453), and was in every respect a critical one. If the cities had gained the day they might still have aimed at balancing the power of the princes, but owing partly to their imperfect union, partly to the necessity of fighting with hired troops, they did not gain any serious advantage. On the whole, indeed, in spite of temporary successes, they decidedly lost ground, and on the conclusion of peace there was no doubt that the balance of power in the state inclined to the princes. Frederick meanwhile was involved in wars with the Swiss, with his brother Albert and his Austrian subjects, and later with the Hungarians. He had no influence in Italy; in Burgundy he could neither stop Duke Philip the Good from adding Luxemburg to his possessions, nor check the towering ambition of Charles the Bold; while after the death of Charles in 1477 he was equally unable to prevent the king of France from seizing a large part of his lands. Torn by dissensions the Teutonic Order was unsuccessful in checking the encroachments of the Poles, and in 1466 the land which it had won in the north-east of Germany passed under the suzerainty of Poland, care being taken to root out all traces of German influence therein. Another loss took place in 1460, when Schleswig and Holstein were united with Denmark. In Germany itself the king made scarcely any pretence of exercising the supreme authority; for nearly thirty years he never attended the imperial diet, and the suggestions which were made for his deposition failed only because the electors could not agree upon a successor. In his later years he became more of a recluse than ever, and even before February 1486, when his son Maximilian was chosen German king, he had practically ceased to take any part in the business of the Empire, although he survived until August 1493.

The power of the princes.

During the reign of Frederick the electors and the greater princes continued the process of consolidating and increasing their power. Lands under their rule, which were technically imperial fiefs, were divided and devised by them at will like other forms of private property; they had nearly all the rights of a sovereign with regard to levying tolls, coining money, administering justice and granting privileges to towns; they were assisted in the work of government by a privy council, while their courts with their numerous officials began to resemble that of the king or emperor. They did not, however, have everything their own way. During this century their power was limited by the formation of diets in many of the principalities. These bodies were composed of the mediate prelates, the mediate nobles and representatives of the mediate cities. They were not summoned because the princes desired their aid, but because arms could only be obtained from the nobles and money from the cities, at least on an adequate scale. Once having been formed these local diets soon extended their functions. They claimed the right of sanctioning taxation; they made their voice heard about the expenditure of public money; they insisted, although perhaps not very effectually, on justice being administered. Such institutions as these were clearly of the highest importance, and for two centuries they did something to atone for the lack of a genuine monarchy.

Methods of warfare.

During this reign the conditions of warfare began to change. The discovery of gunpowder made small bodies of men, adequately armed, more than a match for great forces equipped in medieval fashion. Hence the custom of hiring mercenary troops was introduced, and a prince could never be certain, however numerous his vassals might be, that the advantage would not rest with his opponent. This fact, added to the influence of the local diets, made even the princes weary of war, and a universal and continuous demand arose for some reform of the machinery of government. Partly at the instance of the emperor a great Swabian confederation was formed in 1488. This consisted of both princes and cities and was intended to enforce the public peace in the south-western parts of Germany. Its effects were excellent; but obviously no partial remedy was sufficient. It was essential that there should be some great reform which would affect every part of the kingdom, and for the present this was not to be secured.

Maximilian I.

Maximilian came to the throne in 1486 with exceptional advantages. He was heir to the extensive Austrian lands, and as the widowed husband of Charles the Bold's daughter Mary he administered the Netherlands. Although he soon gave up these provinces to his son Philip, the fact that they were in the possession of his family added to his influence, and this was further increased when Philip married Joanna, the heiress of the Spanish kingdoms. From Maximilian's accession the Empire exercised in the affairs of Europe an authority which had not belonged to it for centuries. The reason for this was not that the Empire was stronger, but that its crown was worn by a succession of princes who were great sovereigns in their own right.

Reforms in Germany. 1495.

Having in 1490 driven the Hungarians from Vienna and recovered his hereditary lands, and having ordered the affairs of the Netherlands, Maximilian turned his attention to Italy, whither he was drawn owing to the invasion of that country by Charles VIII. of France in 1494. But before he could take any steps to check the progress of Charles pecuniary necessities compelled him to meet the diet. At this time the German, or imperial, diet consisted of three colleges, one of the electors, another of the princes, both spiritual and secular, and a third of representatives of the free cities, who had, however, only just gained the right to sit beside the other two estates. The diet was an extremely clumsy instrument of government, and it was perhaps never more discredited or more impotent than when it met Maximilian at Worms in March 1495. But in spite of repeated rebuffs the party of reform was valorous and undaunted; its members knew that their case was overwhelmingly strong. Although disappointed in the hope which they had nourished until about 1490 that Maximilian himself would lead them, they had found a capable head in Bertold, elector of Mainz. The king lost no time in acquainting the diet with his demands. He wished for men and money to encounter the French in Italy and to resist the Turks. Bertold retorted that redress of grievances must precede supply, and Maximilian and the princes were soon discussing the proposals put forward by the sagacious elector. His first suggestion that a council nominated by the estates should be set up with the power of vetoing the acts of the king was abandoned because of the strenuous opposition of Maximilian; but Bertold was successful in getting the diet to proclaim an eternal _Landfriede_, that is, to forbid private war without any limitation of time, and it was agreed that the diet should meet annually to advise the king on matters of moment. The idea of a council, however, was not given up although it took a different form. An imperial court of justice, the _Reichskammergericht_, was established; this consisted of sixteen members nominated by the estates and a president appointed by the king. Its duties were to judge between princes of the Empire and to act as the supreme court of appeal in cases where humbler persons were concerned.

## Partly to provide for the expenses of this court, partly to furnish

Maximilian with the promised monetary aid, a tax called the common penny was instituted, this impost taking the form both of a property tax and of a poll tax. Such in outline were the reforms effected by the important diet of Worms.

Difficulties and further reforms.

The practical difficulties of the reformers, however, were only just beginning. Although Maximilian took some interest in the collection of the common penny it was difficult, and from some classes impossible, to obtain payment of this tax, and the king was persistently hostile to the imperial court of justice, his hostility and the want of money being indeed successful in preventing that institution for a time from doing any real service to Germany. In 1497 he set up a new Aulic council or _Hofrat_, the members of which were chosen by himself, and to this body he gave authority to deal with all the business of the Empire. Thus he undermined the foundations of the _Reichskammergericht_ and stole a march upon Bertold and his friends. A series of diets between 1495 and 1499 produced only mutual recriminations, and then Maximilian met with a serious rebuff. The Swiss refused to pay the common penny and to submit to the jurisdiction of the imperial court of justice. Consequently, in 1499, Maximilian sent such troops as he could collect against them, but his forces were beaten, and by the peace of Basel he was forced to concede all the demands made by the Swiss, who became virtually independent of the Empire. Heartened by this circumstance Bertold and his followers returned to the attack when the diet met at Augsburg in 1500. The common penny as a means of taxation fell into the background, and in its place a scheme was accepted which it was thought would provide the king with an army of about 30,000 men. But more important perhaps was the administrative council, or _Reichsregiment_, which was established by the diet at this time. A revival of the idea put forward by the elector of Mainz at Worms in 1495, this council was to consist of twenty members appointed by the electors and other princes and by representatives of the cities, with a president named by the king. Its work was practically that of governing Germany, and it was the most considerable encroachment which had yet been made on the power of the king. It is not surprising therefore that Maximilian hated the new body, to the establishment of which he had only consented under great pressure.

Maximilian hampers the reformers.